Exhibit 99.10
RENTAL AGREEMENT
Fresno, California May 26, 2004
Xxxxxx X. Xxxxxx, Landlord, and _______________ Tenant agree as follows:
1. Landlord leases to Tenant and Tenant hires from landlord those premises
described as: 7940 N. Muple at 112.
2. The term of the lease shall be Month to Month, commencing ____________
20___ and terminating upon a thirty (30) day written notice.
3. Tenant is to pay rent as follows: $690.00 per month. The rent shall be
paid at: 000 Xxxxx #0, Xxxxxx Xxxxx, 00000 or any address designated by the
landlord in wrinting. Rent is due and payable on the 1st of the month and late
after 10 days. There will be a xxxx charge of 10% due on any past due rents.
4. A $25.00 Return Check Fee will be charged for any and all checks
returned from your bank for any reason. This fee will be assessed and due BEFORE
any monies will be applied to monthly rent.
5. Tenant has deposited with Landlord $400.00 for the full and faithful
performance of each and every term, provision, covenant and condition of this
lease, including but not limited to the payment of rent, to repair damages to
the premises caused by the tenant or to clean and paint such premises upon
termination of the tenancy. Landlord may use, apply, or retain the whole or any
part of the security for payment of any or all of the above mentioned specific
purposes. Any remaining portion of said deposit shall be returned to the tenant
no later that 21 working days after terminating of this tenancy. Tenant shall
not be entitled to any interest on the security deposit.
6. Signage will be allowed on window area only. Tenant shall replace, at
tenant's expense, any plate glass or windows which become broken during the
continuance of this agreement from any cause.
7. Tenant has examined the premises and accepts the same as being clean and
in good order, condition and repair, with the following exceptions:
_____________________________________________________________________________
8. The premises are rented for use as office space.
9. Tenant shall not disturb, annoy, endanger or inconvenience other tenants
of the building or neighbors, nor use the premises for any immoral or unlawful
purposes, nor violate any law or ordinance, nor committ waste or nuisance upon
or about the premises.
10. Tenant shall keep the premises rented for his exclusive use in good
order and condition and pay for any repairs caused by his negligence or misuse
or that of his invitees.
11. Tenant shall not paint nor make alterations to the property without
landlords prior written consent.
12. In the event the premises become uninhabitable during the term of this
lease, either party may terminate the same upon a 30 day notice.
13. Upon not less than 48 hours advance notice, tenant shall make the
demised premises available to Landlord or his authorized agent or
representative, for the purpose of entering to make necessary or convenient
repairs, and to show the premises to the prospesctive tenants, purchasers, or
encumbrances. In an emergency, Landlord, his agent or authorized representative
may enter the premises at any time without securing prior permission from Tenant
for the purpose of making corrections or repairs to alleviate such emergency.
Landlord shall give Tenant notice of any entry made to the premises during
Tenants absence.
(Over)
14. Tenant shall not let or sublet all or any part of the premises nor
assign this lease or any interest in it without the prior written consent of
Landlord.
15. If Tenant abandons or vacates the premises, Landlord may, at his
option, terminate this lease, re-enter the premises and remove all property.
16. In the event that any action shall be commenced by either party
hereto arising out of or concerning this lease or any right or obligation
derived there from, then, in addition to all other relief at law or equity, the
prevailing part shall be entitled to recover attorney's fees as fixed by the
court.
17. Either party may terminate this lease in the event of a violation
of any provision of this lease by the other party in the manner and as provided
by law.
18. The waiver by Landlord of any breach shall not be conserved to be
a continuing waiver of any subsequent breach.
19. Hours of the operation of the H.A.V.C. (air conditioning and
heating system) are 8am to 6pm Monday through Saturday and off on Sundays. Hours
may be extended during certain times at owner's discretion.
20. This is a smoke free building. Smoking is not permitted in
enclosed areas.
21. Place carpet protectors under your office chairs to avoid being
billed for damage to carpets.
RECEIPT FOR DEPOSIT
The undersigned acknowledges receipt of $400.00 in the form of personal check,
money order or __________________ made payable to Xxxxxx X. Xxxxxx to be applied
in accordance with the foregoing lease if accepted by Landlord.
Landlord: ____________________________ Date: ________________________
Xxxxxx X. Xxxxxx or Agent
MOVE OUT POLICY
PAINT: Tenant is responsible for entire paint cost one year or less of
occupancy, 2/3 of paint costs over one year of occupancy, 1/3 of paint cost over
two years of occupancy and no paint cost after three years of occupancy.
CLEANING: Tenant responsible for cost of cleaning carpets and removing debris,
furniture, office supplies etc.
REPAIRS: Tenants responsible for damage to light fixtures, thermostats, electric
plate covers, doors, windows covers, damage to carpet from neglect or non use of
carpet protectors under office chairs etc.
REPLACEMENTS: Tenant is responsible for cost of replacing keys at $5.00 per key
if they are not returned upon vacating. If keys are not returned there is also a
$20.00 lock changing fee.
NOTE: This does not include all possible charges, but is representative of
normal charges.
The undersigned Tenant(s) acknowledges having read and understood the foregoing,
and receipt of a duplicate original.
/s/ Xxxx XxXxx
------------------------------------- ----------------------------------------
Landlord or Agent Tenant
Date: _________________________ Date: _________________________
ORIENTATION TO COMPLEX
- TELEPHONE SERVI CE:
FOR ACCESS TO THE TELEPHONE PANEL IN THE UTILITY ROOM. LET RENTAL OFFICE
KNOW SO THIS ROOM CAN BE UNLOCKED FOR THEM. "XXXXX XXXXXXX - LIC #737225 -
TELEPHONE SERVICES OF CALIFORNIA @ 436 - 1120 HAS DONE REASONABLE AND
SATISFACTORY TELEPHONE INSTALATIONS AT OUR OFFICES.
- AIR CONDITIONING/HEATING:
SET THERMOSTATION AND AUTO THEN SET TO DESIRED TEMPERATURE FOR EFFICIENCY
TURN UNIT OFF AT THE END OF THE DAY.
- DUMPSTERS:
BE SURE GARBAGE IS INSIDE BINS ARE FOR OFFICE GARBAGE ONLY. BINS ARE NOT
FOR HOME GARBAGE. PLEASE CLOSE DOORS WITH CLOSURE DEVICE.
- RENT CHECKS:
DEPOSITE RENT CHECKS IN RENTAL OFFICE DOOR SLOT (516 VILLA #9) OR MAIL TO:
XXXXXX X XXXXXX INVESTEMENTS
000 XXXXX, #0
XXXXXX, XX 00000
- RESTROOMS:
NOTIFY OFFICE IF SUPPLIES ARE NEEDED OR PLUMBING PROBLEMS EXIST. DO NOT
FLUSH SEAT COVERS THEY CLOG THE PIPES. MAKE SURE TO LOCK DOORS AND TURN OFF
LIGHTS WHEN YOU EXIT.
- PARKING:
NO DESIGNATED PARKING.
- CARPETS:
PLEASE PLACE CARPET PHOTECTORS UNDER YOUR OFFICE CHARTS TO AVOID BEING
BILLED FOR DAMAGE TO CARPETS.
- SMOKING:
THERE IS NO SMOKING IN ANY OF THE OFFICES OR RESTROOMS.
- LOST KEY POLICY:
REPLACEMENT KEYS ARE $10.00. IF A LOCKSMITH NEEDS TO BE CALLED, IT IS AT
TENANT EXPENSE.